MURPHY v. DEMOCRATIC EXECUTIVE COMMITTEE

No. 776.

140 So.2d 249 (1962)

Landry MURPHY, Charles A. O'Neill, and Lloyd B. Marshall v. DEMOCRATIC EXECUTIVE COMMITTEE OF the CITY OF HARAHAN (Composed of Fred Hux, Elven J. Foret, and Frank H. Mayo), and Elven J. Foret, Individually, Alvin J. Saucier and Walter E. Kollin.

Court of Appeal of Louisiana, Fourth Circuit.

April 26, 1962.


Attorney(s) appearing for the Case

James Hugh Martin, New Orleans, for plaintiffs-appellants.

Patrick E. Carr, Metairie, for defendants-appellees.

Before McBRIDE, REGAN, JOHNSON, YARRUT and SAMUEL, JJ.


YARRUT, Judge.

This is a Primary Election contest and involves only the legal question: Whether votes cast for a withdrawn candidate, whose name appeared on the voting machine notwithstanding his timely withdrawal, should have been counted in determining which candidates were nominated in the first primary, and which must enter a second primary.

Plaintiffs are three of thirteen candidates who qualified for nomination for five aldermanic posts, two of whom...

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